Germany. ePrivacy / marketing. Ordinance

EinwVConsent Management Ordinance (Einwilligungsverwaltungsverordnung – EinwV)

In force
Partly verifiedMedium confidence. Adoption date approximate; gesetze-im-internet slug not verified.

§1Summary

Synopsis

The EinwV sets requirements for officially recognised consent management services that store users' cookie choices and pass them to websites. Use by websites is voluntary.

Key themes
  • consent management services
  • PIMS
  • cookie consent
Unique features

First EU national scheme for recognised third-party consent managers (PIMS) as an alternative to per-site cookie banners.

SaaS relevance

Any SaaS website, app or product that sets non-essential cookies/SDKs or sends marketing emails/SMS to users in this country needs prior consent (subject to exemptions) under this law, regardless of where the provider is based.

§2Obligations

Extraterritorial
Yes
Breach notification
Telecom providers: authority notification under Reg 611/2013; otherwise GDPR
DPO
No
Cross-border transfers
None

§3Dates

Key dates
  • Adopted
  • In force
  • Issued under TDDDG §26(2)

§4Text and authority

Text
Authority
Federal Commissioner (BfDI) recognises consent management services

§5Where it applies

Domestic law of
Germany

§6Sources and verification

Verification

Medium confidence.

Partly verifiedMedium confidence. Adoption date approximate; gesetze-im-internet slug not verified.